Tag Archives: Public intoxication

$3.5 Million Settlement for Handcuffed Woman That Fell Out of Moving Police Car to Escape Sex Assault by LAPD Cops

California taxpayers will be forced to pay a woman that was seriously injured after falling out of an LAPD squad car in 2013 $3.5 million. (Video embedded below.) Kim Nguyen, who was being arrested on charges of being drunk in public, was handcuffed at the time she fell out of the car. She also was not seat-belted in and the door which she fell out of was not locked properly.

More importantly, she maintains that the reason she fell out of the car was that she was attempting to get away from one of the two Los Angeles Police Department officers that was in the back seat with her and had been trying to sexually assault her. The fact that she CCTV video from a nearby business shows that her skirt was raised above her waist at the time she was ejected from the vehicle, as well as the fact that the two officers who arrested her chose not two arrest two male companions that were also drunk at the time bolsters her version of events.

Via MyNewsLA.com:

Officers David Shin and Jin Oh arrested Nguyen for public intoxication after they saw her run across the street about 3 a.m. on March 17, 2013. At the time, Nguyen was a graduate student in her last semester at Loyola Marymount University’s MBA program.

Nguyen was handcuffed and put in the back seat of a squad car off Sixth Street between Oxford and Serrano avenues, according to her court papers, which state that she “was not seatbelted into the car and the manual door lock was not engaged.”

The officers chose not to arrest a male companion who also was drunk, according to Nguyen’s lawyers, who also alleged that one of the officers got into the back seat with their client and inappropriately touched her.

Nguyen huddled against one of the patrol car doors to protect herself and minutes later fell out of the vehicle as it was being driven east on Olympic Boulevard at about 30 mph, according to her lawyers’ court papers, which say she fell face-first onto the pavement, causing injuries to her brain, face, head and teeth.

A building security camera captured the aftermath after Nguyen was ejected, according to her attorneys’ court papers, which say that one of the officers was “nonchalantly standing over plaintiff who lies bloodied, with her face swollen, in the middle of the street.”

Nguyen was hospitalized for 17 days and underwent “extensive and painful surgeries,” her court papers state.

This also does not represent the only recent allegations of rape against officers from the LAPD.

After $200K Settlement, Indianapolis Cops Instructed Not To Interfere With Citizens Filming Police Activity

 The following post was shared with the CopBlock Network by a reader going by the pseudonym “Ghost,” via the CopBlock.org submissions page. The post was originally published at RT.com under the title, “Indianapolis Cops Must Allow Citizens to Film Police Activity After $200K Settlement.

The terms of a recently settled lawsuit in Indianapolis, Indiana will require the city’s police force to remind officers that it’s legal for civilians to videotape on-duty cops, but it will also cost the department more than just that.

In addition to having to adopt an official policy recognizing the right for citizens to record law enforcement officials, the City of Indianapolis is also cutting a $200,000 check for a local man who was arrested and injured by police in 2011 after he refused to stop filming a nearby arrest.

Willie King was watching Indianapolis police officers arrest a young man in his neighbor’s driveway three years ago this month when he decided it would be a good idea to grab his cellphone and start recording. The cops weren’t too keen about being caught on film, however, and ordered King, then 66 years old, to hand over his phone.

“Sir, you know that if he resists any more they can take your phone as evidence,” an officer was caught saying, according to transcripts published this week by local news network WISH-TV.

“I don’t give a [expletive] what you do, y’all just don’t harm him,” King responded.

When King refused to stop recording from his neighbor’s porch, he was tackled to the ground, arrested and charged with resisting arrest, disorderly conduct and public intoxication.

King was ultimately found not guilty of those charges, but turned around and filed a civil suit against the city over alleged First, Fourth and Fourteenth Amendment violations.

That case was scheduled to go to trial starting March 10, but it’s now been reported that the city decided to settle this past January.

King is being awarded $200,000 from the city as part of that settlement, but the Indianapolis Metropolitan Police Department is also being forced to institute a new policy prohibiting police officers from bothering with eyewitnesses who are recording their actions.

According to excerpts of the policy published on Thursday by WISH-TV, local law enforcement officials have 60 days to adopt a policy that states “police officers should not interfere with civilians who are observing or recording their actions by video or audio in public, so long as the civilians maintain a safe and reasonable distance if necessary from the scene of a police action, do not physically interfere with the officers’ performance of their duty and do not represent a physical danger to the officers, civilians or others.”

“Willie King was wronged when the officers stopped his videotaping and took away his cellphone,” King’s attorney, Richard Waples, was quoted as saying by The Indiana Lawyer website. “We want to make sure that in the future police officers understand that people have the right to video record their actions.”

“We thought it was important in this case, not to just try to get compensation from Mr. King which we were able to do, but also to get the police department to realize, hey, they need to train their officers, and say you can’t interfere with people’s rights to record and observe what you’re doing in public,” Waples told the network.

According to Marilyn Odendahl at The Indiana Lawyer, Waples added that the recent victory “secures the right of all citizens to observe and record police officers’ public actions.”

Previously, the United States Court of Appeals for the Seventh Circuit — whose jurisdiction includes Indiana, among other states —acknowledged that “The act of making an audio or audiovisual recording is necessarily included within the First Amendment’s guarantee of speech and press rights as a corollary of the right to disseminate the resulting recording.”

“Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities and police and other government officials carrying out their duties. Unfortunately, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs from public places, and harassing, detaining and arresting those who fail to comply,” reads a portion of the American Civil Liberties Union’s official website.

– Ghost